Fernandez v. Phillips, 268 U.S. 311 (1925)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Fernandez v. Phillips, 268 U.S. 311 (1925)
Fernandez v. Phillips No. 60 Argued May 4, 1925 Decided May 25, 1925 268 U.S. 311
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF NEW HAMPSHIRE
Syllabus
1. In extradition proceedings, form is not to be insisted upon beyond the requirements of safety and justice, and the competent evidence establishing reasonable grounds for extradition is not necessarily evidence competent to convict. P. 312.
2. Habeas corpus cannot be used to rehear the findings of a magistrate in extradition, but only to inquire whether he had jurisdiction, whether the offense is within the treaty, and whether there was any evidence warranting the finding of reasonable ground to believe the accused guilty. P. 312.
3. Complaint in extradition filed by an Assistant United States Attorney, upon information, held sufficient where it appeared at the hearing that it was ordered by the Attorney General upon request of the Secretary of State based on a request and a record of judicial proceedings from the foreign country. P. 312.
4. Embezzlement or peculation of public funds by a public officer is a crime in Mexico within the extradition treaty. P. 313.
5. Warrant in extradition (if required) held good in habeas corpus, over the objection of misnomer of the accused, where the name in the warrant was one of two applied to him in the proceedings and he was identified by the testimony.
Affirmed.
Appeal from a judgment of the district court remanding the appellant in a habeas corpus case.
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Chicago: U.S. Supreme Court, "Syllabus," Fernandez v. Phillips, 268 U.S. 311 (1925) in 268 U.S. 311 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=CDDU22V99277ZBW.
MLA: U.S. Supreme Court. "Syllabus." Fernandez v. Phillips, 268 U.S. 311 (1925), in 268 U.S. 311, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=CDDU22V99277ZBW.
Harvard: U.S. Supreme Court, 'Syllabus' in Fernandez v. Phillips, 268 U.S. 311 (1925). cited in 1925, 268 U.S. 311. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=CDDU22V99277ZBW.
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